The Hall of Fame Bubble Gum™ Game and Sweepstakes (the “Sweepstakes” and “Game” collectively the “Sweepstakes”) begins on Monday, June 17, 2019 at 12:00:01 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET on Saturday, August 17, 2019 (the ” Entry Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Ford Gum & Machine Company, Inc., 18 Newton Avenue, Akron, NY 14001 (the “Sponsor”) and COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 www.cfapromo.com (the “Administrator “), whose decisions shall be final and legally binding in all respects.
NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. A VALID EMAIL ADDRESS IS REQUIRED.
The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia eight (8) years of age or older at the time of entry. If a minor is entering, they must have their Parents’/Legal Guardians’ permission to participate in the Sweepstakes; Parental or Legal Guardian’s consent occurs when the Parent/Legal Guardian of a minor participant grants permission for the minor participant to participate and agrees on behalf of himself/herself and the minor participant, in writing, to be bound to any terms and conditions of the drawing (collectively an “Entrant”). Employees, officers, and directors of Sponsor, Administrator, and each of their respective directors, officers, shareholders, and employees, affiliates, subsidiaries, distributors, and agents, including but not limited to their respective advertising and promotion agencies, and each of their affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of materials, and any and all other companies associated with the promotion agents (collectively, the ” Sweepstakes Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor. Administrator’s designated database clock will be the timekeeper for this Sweepstakes.
HOW TO ENTER: Each time you play the Game you earn one (1) entry in to the Grand Prize Sweepstakes
You may enter online ONLY: Follow these directions:
During the Entry Period visit www.bigleaguechew.com/whirlseries and complete the online entry form with all the required information, agree to the Official Rules and submit. Once you submit, your entry it is automatically entered in to the Grand Prize Sweepstakes drawing based on the date of your entry, and you will be directed to the Game site.
To play the Hall of Fame Bubble Gum™ Game & Sweepstakes, you must click on the simulated spin button on your mobile phone, computer, or other internet connected similar device that allows entry. When the wheel stops spinning you will instantly know if you won a prize. Winning dates and times for the simulated spins are randomly predetermined under the supervision of the Administrator and will not be disclosed to entrants. The first entrant to play the Game after each predetermined winning date and time will determine which prize you may have won.
In the unlikely event that the winning message for any prize level is distributed in numbers greater than the number stated in these Official Rules for such prize level, the number of winners stated in these Official Rules will be selected in a random drawing from among all verified prize claims received for that prize level. All unclaimed prizes at the conclusion of the Entry Period will not be awarded. Any instant win prize that remains unclaimed will not be offered in any Second Chance drawing or otherwise awarded. Return of any prize/prize notification as undeliverable will result in the disqualification of the potential winner and no alternate winner will be selected.
Limit: One (1) entry/Game play per person per day (ET).
Winning dates and times for the simulated Game play are randomly predetermined under the supervision of the Administrator and will not be disclosed to entrants. The first entrant to play the Game on or after each predetermined winning date and time will determine which prize or offer is won.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME PORTION OF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR COPIES OF SCREEN CONTENT OR ANY OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
SWEEPSTAKES DRAWING: A random drawing will be conducted by the Administrator on Thursday, August 22, 2019, from all eligible entries made during the Entry Period, to select one (1) Grand Prize winner.
WARNING: ANY ATTEMPT BY AN ENTRANT OR OF ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF ANY SUCH ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES) FROM ANY SUCH ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION.
By entering, Entrants agree that personal data (“Personal Data”), including, without limitation, the Entrants’ name and address, may be processed, shared and otherwise used for the purposes and within the context of the Sweepstakes and any other purposes outlined in these Official Rules. Entrants also agree that such Personal Data may also be used by the Sponsor in order to verify the participant’s identity, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Sweepstakes. While the Sponsor is committed to undertaking reasonable measures to protect the privacy, accuracy and reliability of the Personal Data submitted and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction, the Sponsor notes that the internet is not a perfect service medium and data transmission is not guaranteed to be secure. The Sponsor uses, and will use, a variety of security measures to insure the security of the Personal Data collected during the Sweepstakes. However, the Sponsor cannot and does not warrant the security of the Personal Data which is submitted as part of the Sweepstakes and cannot and does not warrant that such Personal Data will not be intercepted unlawfully by third parties. When any information is provided to the Sponsor as part of the Sweepstakes, including Personal Data, such submission is done at the Entrants own risk. The collection, use, and disclosure of Personal Data about the Entrant is solely for the purpose of administering this Sweepstakes. Entrants’ personal information will be stored in accordance with the laws and rules of the United States, as applicable. The Personal Data will be held primarily in an electronic database. Each Entrant has certain rights to access and rectify the information contained in the file held about them and in order to exercise these rights, or to submit any questions, comments or concerns about this Sweepstakes, please contact the Sponsor at The Hall of Fame Bubble Gum Sweepstakes and Game – Ford Gum & Machine Co., Inc., 18 Newton Ave., Akron NY 14001.
By participating in the Sweepstakes, Entrants hereby agree to Sponsor ‘s and Administrator’s collection and usage of their personal information and acknowledge that they have read and accepted the above statement.
Notwithstanding the foregoing, all Entrants acknowledge that if they are chosen as a prize winner, certain of their personally identifying information may be disclosed on a legal required Winner’s list.
If you opt to access the Sweepstakes via your wireless mobile devic e, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Sponsor is not responsible for any charges.
NOTE: Entry must be made by the Entrant only. Entries made by any other individual or any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor or Administrator, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
PRIZES/ODDS/APPROXIMATE RETAIL VALUE (“ARV”):
Only the prizes listed below will be awarded in this Sweepstakes. Odds of winning depend on the number of eligible entries received.
INSTANT WIN GAME PRIZES (180 instant win prizes). All prizes are randomly seeded throughout the Entry Period
One hundred & thirty-two (132) six (6) pouches of Big League Chew® Gum ARV $9 each.
Twenty-four (24) Big League Chew® T-Shirts. ARV $10 each.
Twenty-four (24) Hall of Fame® Yearbooks ARV $10 each.
Approximate retail value of all instant win prizes is $1,668.
LIMIT: One (1) Instant Win Prize per person or household.
ONE (1) SWEEPSTAKES GRAND PRIZE:
Winner will have the opportunity to select one (1) of one-hundred sealed envelopes to see if the selected envelope reveals one of the following prizes:
One (1) envelope to contain the $50,000 Grand Prize (see details below). Odds of winning 1:99
Ninety-nine (99) envelopes will contain a $5,000 prize (see details below). Odds of winning 1:1.01
Grand Prize details: The Sponsor, in its sole discretion, reserves the right to determine the date, time and location of the Grand Prize Event (“Grand Prize Event”), currently planned at the end of the Winner’s tour of the Hall of Fame.
In addition to the prize revealed in the envelope portion of the Game, the winner will be guaranteed to also receive the following prize package:
The amount revealed in the selected opened envelope ($50,000 or $5,000) will be awarded in the form of a check from Ford Gum and Machine Co., Inc., made payable to a hometown little league team or nonprofit baseball organization, to be used towards the purchase of team equipment and/or renovating their baseball field.
One (1) year’s supply of Big League Chew® (432 pouches of assorted flavors).
$100 worth of Big League Chew® gear (as determined by the Sponsor in its sole discretion).
Three (3) day/two (2) nights’ VIP Trip for two (2) to the National Baseball Hall of Fame and Museum that will include :
Travel arrangements/lodging to/from Albany, NY or Syracuse, NY must be made through Sponsor’s agent and on a carrier of Sponsor’s choice. The Winner and travel companion must travel together on the same itinerary and have valid travel documents (e.g., government issued I.D., passport, major credit card, etc.) along with any other travel requirements in order to travel to the Grand Prize destination prior to departure, and failure to do so may result in forfeiture of Grand Prize. If in the judgment of Sponsor air travel is not required due to the Winner’s proximity to Grand Prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion and no compensation will be provided for difference in value, if any. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. The Winner and his/her travel companions are solely responsible for satisfying all legally required conditions of travel. The Winner’s Parent/Legal Guardian travelling with the Winner must have a major credit card to check-in to the hotel. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation or delay or any weather or airline issues that prevent the Winner and travel companions, if applicable, from traveling, in which event any missed portion of the Grand Prize is forfeited in its entirety and no substitution will be provided. All expenses and incidental travel costs associated with Grand Prize acceptance and use not expressly stated in the package description above as being provided, including but not limited to, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, travel of other type of insurance, taxes or other expenses are the responsibility solely of the Winner and his/her Parent/Legal Guardian. If the Winner or Winner’s travel companion(s) is/are a minor, the Winner or travel companion(s) must be traveling with a Parent/Legal Guardian and the Parent/Legal Guardian will be required to execute and return a liability/publicity release. If the Winner is a minor, the Grand Prize will be awarded in the name of the Winner’s Parent/Legal Guardian for the benefit of the minor.
Family Museum Membership: Includes unlimited complimentary admission to the Museum for two (2) adults and their children (up to age (18) plus other benefits that are included in the Membership.
VIP Archive Tour: Enjoy an exclusive behind-the-scenes tour of the National Baseball Hall of Fame and Museum, archives, where you will hear the little-known stories of Hall of Famers and our National Pastime.
Guided Museum Tour: One-hour tour will highlight your favorite team’s history
$250 Museum Store Gift Certificate (onsite Museum Store only).
Approximate retail value of this prize package is $12,500 to a maximum of $57,500 (value depends on the dollar amount revealed in the envelope selected by the winner).
Some blackout dates will apply:
Hall of Fame Classic Weekend, Memorial Day Weekend (Friday through Monday), Hall of Fame Weekend (Wednesday through Monday), The week between Christmas and New Year’s Day and all Federal Holidays.
Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prize and/or offers are not redeemable for cash (excluding cash prize). Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees.
All taxes are the responsibility of the winner. Prize will be awarded only if the prize winner fully complies with these Official Rules.
SWEEPSTAKES WINNER SELECTION AND NOTIFICATION:
Random drawing will be conducted by the Administrator on Thursday, August 22, 2019, from all eligible entries made during the Entry Period, to select one (1) Grand Prize winner. Conduct of the Sweepstakes and the drawing are under the supervision of the Administrator. Potential prize winner will be notified by phone and/or by email or mail, whichever is deemed appropriate by the Administrator, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within three (3) business days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her prize and an alternate prize winner will be selected from all remaining eligible entries. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and the prize will be awarded to an alternate prize winner.
Potential winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The Grand Prize winner will complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release and W-9 tax identification form within three (3) business days, consenting to the publication of his/her name in any media for any promotional purpose relating to the announcement of the winner of the Sweepstakes, without further compensation. If a potential winner cannot be contacted, or if he/she fails to sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period or if notices are returned as undeliverable, an alternate prize winner will be selected from all remaining eligible entries. If the prize Winner is a minor the Grand Prize Winner’s Parent/Legal Guardian will be required to complete, sign and return an Affidavit of Eligibility/Liability Release and W-9 tax payer request for identification, and, where lawful, a Publicity Release, within three (3) business days of attempted notification or the Grand Prize may be forfeited. The Grand Prize will be awarded in the name of the Parent/Legal Guardian for the benefit of the minor.
LIMITATION OF LIABILITY:
By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities, Odds On Promotions, and each of their respective parent, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, designees and agents (collectively, ” Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable email notifications, direct messages, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet accessibility, availability or traffic congestion; or any technical, mechanical, programming, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any web users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.
By entering the Sweepstakes, each Entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules and (ii) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider, or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption of or inability to access the Sweepstakes, any Sweepstakes-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant’s (or any third person’s) equipment used to access the Sweepstakes and/or its contents related to or resulting from any part of the Sweepstakes; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); (p) the negligence or willful misconduct by Entrant or (q) any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
Without limiting the foregoing, everything regarding this Sweepstakes, including the prize components, is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Acceptance of any prize constitutes prize winner’s permission for the Sweepstakes Entities to use prize winner’s name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Sweepstakes Entities from all claims arising out of the use of such Attributes.
GOVERNING LAW/JURISDICTION :
Except where prohibited, Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by court situated in the State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) Entrants hereby waive all rights to claim Special Damages and all rights to have such damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules.
ARBITRATION PROVISION :
By participating in this Sweepstakes, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these
Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at
www.arb-forum.com . If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
To obtain the name of the prize winners, send a self-addressed stamped envelope to: Hall of Fame Bubble Gum™ Game and Sweepstakes (Winners), PO Box 2274, Framingham, MA 01703-2274. List will be available after 9/9/19. All such requests must be received by 9/16/19.
© The National Baseball Hall of Fame and Museum, Inc. is solely a prize supplier and not a sponsor or co-sponsor of the Sweepstakes. By entering, all Entrants and any Winner of the Sweepstakes acknowledges and agrees that the National Baseball Hall of Fame and Museum, Inc. has no liability whatsoever with respect to the Sweepstakes and any related activities except to provide the prizes described in these Official Rules.
© Ford Gum & Machine Company, Inc.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize and is not intended to suggest any affiliation or sponsorship.
Ford Gum Big League Chew Game 2019 – V-5